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If you’re packing your bags for a trip across the waters you may be wondering–Can I take Delta-8 to Europe?
Overall, the answer is no.
While Delta 8 is legal in some European countries, it is not usually legal to import these regulated substances or to carry them over international waters.
Laws vary by country across the European Union, which can make it difficult to research cannabis and hemp laws in Europe.
Unfortunately, however, most of Europe has a much less progressive stance on cannabis than you may expect from an area that’s so progressive in other areas (like healthcare and paternity leave).
We’ll break down everything you need to know about European hemp laws and traveling with Delta-8-THC in Europe down below.
🌍✈️The legality of Delta 8 in Europe varies significantly from country to country, ranging from fully illegal to legal or decriminalized in some areas. Because these laws can be complex and change often, it’s crucial to stay updated—especially if you plan to travel with Delta 8 products. For a detailed guide on how to travel safely with Delta 8, check out our Traveling with Delta 8: Rules and Tips article.
Table of Contents
Is Delta 8 Legal in Europe?
Is Cannabis (Delta 9) Legal in Europe?
Can You Fly With Delta-8 From the U.S. to Europe?
Delta 8 Legality by Country
Will Delta 8 Remain Legal in Europe?
Conclusion: Should You Travel With Delta 8 on an International Flight?
FAQ
Delta-8 is legal in many European countries, but you may not be able to travel with it.
Airline rules also vary, so check to see the rules for different types of THC products.
You may need to just buy Delta-8 when you arrive to ensure you’re following local guidelines.
Similarly to in the U.S., Delta-8 THC's legal status in Europe has much to do with how it's derived.
When it is derived from hemp, it’s classified as a “novel food” and not as a drug. Delta-8 products must be pre-approved by the European Commission, meaning that all Delta-8 sold in the European Union is regulated. Of course, availability still varies by country, so you may not be able to buy Delta-8 in stores everywhere that you travel.
To date, Malta, Germany, and Luxembourg are the only European countries that have fully legalized cannabis consumption. However, many European countries have decriminalized cannabis possession.
Fourteen countries, primarily in Western Europe, have ruled that possession of cannabis for personal use cannot lead to incarceration. These countries include:
1. Austria
2. Belgium
3. Croatia
4. Czech Republic
5. Estonia
6. Italy
7. Latvia
8. Lithuania
9. Luxembourg
10. Malta
11. Netherlands
12. Portugal
13. Slovenia
14. Spain
These countries have varying degrees of decriminalization, often allowing for possession of small amounts for personal use without the risk of imprisonment (EMCDDA).
However, our advice is generally that caution is the best policy.
As a rule of thumb when traveling inside the U.S., it is legal to travel with hemp-derived Delta-8 from one area where Delta-8 is legal to another area where Delta-8 is legal. That's because Delta 8 is legal at the federal level, making legal oversight more simple.
Unfortunately, that’s not exactly the case when traveling across countries, and you may not be able to legally take Delta 8 gummies or other cannabis products when you travel internationally. You need to be aware of import and export laws, which go beyond identifying substances that are and aren’t allowed in the country.
For instance, Delta-8 may be generally legal in a country, but it still may be illegal to import, and the penalties for such may be severe. In other words, it may be illegal to carry Delta-8 from one country to another in many cases.
Also, legality is not all that matters–you also need to check airline rules. Unfortunately, airline rules seem to be almost opposite between the U.S. and European countries.
For instance, FAA (Federal Aviation Administration) requirements in the U.S. state that battery powered vape devices can only be carried in hand luggage and may not be placed in carry on bags. That means you can take a vape battery right past TSA with no issues in the U.S.
In many European countries, however, you can only carry that type of product in checked luggage. So, that same bag may be against airport policy as soon as you pass over international lines.
Other products, like gummies and other edibles, may have far fewer restrictions placed on them when traveling by plane.
The safest option is to not travel with Delta-8-THC when flying internationally. Instead, just look for options to purchase Delta-8-THC when you arrive.
Use this table to check the Delta-8 THC laws for some of the most searched European destinations:
|
Country |
Legal Status |
|
Germany |
❌ Illegal |
|
Italy |
❌ Illegal |
|
France |
❌ Illegal |
|
Portugal |
❌ Illegal |
|
Greece |
❌ Illegal |
|
Luxembourg |
✅ Legal for adults |
|
Malta |
✅ Legal |
|
Netherlands |
🚫 Grey area (tolerated in some cases) |
|
Spain |
⚠️ Decriminalized (private use only) |
⚠️ Note: Even in countries where Delta-8 is legal or decriminalized, importing it may still be illegal.
No. Delta-8 THC is illegal in Italy. Possession or sale may lead to penalties.
No. France prohibits all forms of THC except for approved CBD products.
No. Delta-8 THC is illegal in Germany. The country classifies all THC variants as controlled substances, regardless of origin.
No. Delta-8 THC is illegal in Portugal. While cannabis is decriminalized for personal use, synthetic cannabinoids like Delta-8 remain banned.
No. Delta-8 THC is illegal in Greece. Greek law prohibits all psychoactive THC analogs, including hemp-derived Delta-8.
Yes. Luxembourg allows adult-use cannabis, and Delta-8 THC is currently legal. However, carrying it across borders is still risky.
Yes. Delta-8 THC is legal in Malta. The country has legalized recreational cannabis use and tolerates hemp-derived cannabinoids like Delta-8.
Not exactly. Delta-8 THC exists in a legal gray area in the Netherlands. It's not officially regulated, but may be tolerated under the country’s soft drug policy. Importing or flying with it is not recommended.
Not officially. While personal cannabis use is decriminalized in private spaces, Delta-8 THC is not explicitly legal in Spain. Public use, sale, or import can still lead to legal trouble.
Although Delta-8 and other hemp derivatives are currently legal in Europe, their general legal status seems to be rocky.
In November of 2020, the European Court of Justice ruled that CBD was, in fact, meant to be classified as a “novel food,” and then dismissed a challenge of Delta-8’s classification.
In other words, the Court did not see a reason to reclassify Delta-8 at that time, but it is still likely that the government did not intend to legalize psychoactive cannabinoids. Keep in mind that Delta-8’s legal status in Europe could change at any time.
Simply put, refrain from traveling with Delta-8-THC on an international flight.Taking Delta-8 on a ship may be just as risky. Although it may be legal to possess Delta-8 in many European countries, it’s not always legal to carry across international waters or to import it into other countries, and the repercussions for doing so may be severe.
Instead, look for a country where Delta-8 is legal and buy it when you arrive. Then, use Delta-8 responsibly while on your trip and dispose of the excess before traveling back home.
💡 Looking for Delta-8 products before your next trip? Browse our Elev8 Collection for high-quality, U.S.-made gummies, vapes, and more.
Delta 8 legality varies widely across Europe. While some countries like Luxembourg and Malta allow it, others such as Germany, Italy, France, Portugal, and Greece prohibit it. Always check local laws before buying or using Delta 8 products in any European country.
Flying with Delta 8, including gummies or other edibles, is risky and generally not recommended. Airlines and airports enforce strict rules, and Delta 8 is illegal in many countries and jurisdictions. Even if allowed where you depart, it may be illegal where you land or during layovers, leading to confiscation or legal trouble.
International travel with Delta 8 is complicated. Laws differ not just between countries but sometimes within regions. Importing Delta 8 products can be illegal even if possession is legal locally. Always research the regulations of all countries involved in your trip before bringing Delta 8.
Delta 8 gummies are subject to the same restrictions as other Delta 8 products. Most airlines prohibit THC-containing products, and Delta 8 often falls under these restrictions. Carrying gummies on a flight can lead to confiscation or legal consequences depending on the jurisdiction.
Check each country’s laws on Delta 8 before traveling.
Avoid carrying Delta 8 through airport security or customs.
Even in countries where Delta 8 is legal or decriminalized, airlines and airports may enforce stricter rules.
Consider legal alternatives like CBD products for travel.
Generally, no. Most European airports prohibit Delta 8 due to its psychoactive THC content. Airport security can confiscate products, and you may face fines or legal issues.
The legality of Delta 8 on vessels depends on the ship’s registration country. While in international waters, flag state laws apply, but once entering territorial waters, local laws take precedence.
The Netherlands, for example, is a grey area where Delta 8 is tolerated in some cases but not officially legal. Spain decriminalizes private use but prohibits sale and public possession. These nuances mean you should still exercise caution.
1. "The Status of Hemp Plant Extracts and Cannabinoids in the European Union" https://apps.fas.usda.gov/newgainapi/api/Report/DownloadReportByFileName?fileName=The+Status+of+Hemp+Plant+Extracts+and+Cannabinoids+in+the+European+Union_Brussels+USEU_European+Union_12-03-2020
2. "PRESS RELEASE BY THE MINISTRY FOR EQUALITY, RESEARCH AND INNOVATION New law on the responsible use of cannabis enters into force" https://www.gov.mt/en/Government/DOI/Press+Releases/Pages/2021/December/18/pr212248en.aspx
3. "Court of Justice of the European Union PRESS RELEASE No 141/20" https://curia.europa.eu/jcms/upload/docs/application/pdf/2020-11/cp200141en.pdf
4. "Penalties in law: possibility of incarceration for possession of cannabis for personal use (minor offence) in the European Union, Norway and Türkiye" https://www.emcdda.europa.eu/media-library/penalties-law-possibility-incarceration-possession-cannabis-personal-use-minor-offence_en
5. "Vapes on a Plane" https://www.faa.gov/newsroom/vapes-plane
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